Caps on political donations
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Political donations made to political parties, elected members, candidates, groups of candidates, associated entities, and third-party campaigners are capped in New South Wales.
Additionally, indirect campaign contributions that exceed certain threshold amounts are prohibited. The threshold amounts are equal to the caps on political donations.
The caps apply to local government elections, state elections, and other electoral purposes. They differ depending on who is accepting the political donation or indirect campaign contribution, and a number of exemptions apply.
Contributions made by a candidate to finance their own election campaign are not political donations and are not subject to donation caps.
Contributions made by a candidate to a group they are a member of are political donations and are subject to donation caps.
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General requirements
The caps on political donations, and the indirect campaign contribution threshold amounts, are adjusted for inflation each financial year.
It is unlawful for a person to accept a political donation that exceeds the applicable donation cap. It is also unlawful for a person to make a political donation that exceeds the applicable donation cap with the intention of the donation being accepted unlawfully.
Political donations accepted from the same donor by the same recipient, in a financial year, are to be aggregated for the purpose of the donation caps.
Political donations accepted from the same donor by elected members, candidates and groups of candidates endorsed by the same party, in a financial year, are to be aggregated for the purposes of the donation caps.
Political donations accepted from the same donor by the same recipient, in a financial year, are to be aggregated separately in relation to donations for local government elections and donations for other purposes.
It is unlawful for a person to make or accept an indirect campaign contribution to a party, elected member, group, or candidate unless the contribution falls clearly within one of the specific legislative exemptions, such as ancillary vehicle use authorised under NSW Electoral Commission guidelines, or where the value is below the relevant dollar value threshold.
Indirect campaign contributions made by the same person to the same party, elected member, group, or candidate in a financial year are to be aggregated for the purpose of the threshold amounts that apply to indirect campaign contributions.
Donation cap exemptions
The following are exemptions to the caps on political donations.
Party membership and affiliation fees
A fee paid to a party by a member of the party, or by an affiliate of the party, is not subject to the caps on political donations, except the following:
a membership fee more than $2,000
an affiliation fee more than $2,000, if the affiliation fee is not based on the number of members of the affiliate, or the fee is more than $2,000 multiplied by the number of members of the affiliate, if the fee is based on the number of members of the affiliate.
Party levies paid by elected members
A party levy paid to a party by an elected member, or a candidate who is a member of the party, is a political donation but is not subject to the caps on political donations.
Donations by a Legislative Assembly candidate to a party
During the financial year in which a Legislative Assembly general election or by-election is held, a Legislative Assembly candidate who is a member of a party can make a political donation to the party, that is exempt from the cap on political donations, up to the maximum amount of electoral expenditure the party can incur in respect of the candidate’s electoral district.
This is separate to a candidate making a contribution to finance their own campaign, rather than the party’s campaign. Such amounts are not political donations and are not subject to the caps on political donations.
Donations by a Legislative Council candidate
During the financial year in which a Legislative Council election is held:
a Legislative Council candidate who is a member of a party can make a political donation to the party of up to $59,900.
a Legislative Council candidate who is not a member of a party but is a member of a group can make a political donation to the group up to $59,900.
A political donation made by the candidate to the party or group (as applicable) above $60,000 is subject to the caps on political donations.
Donations paid into a federal campaign account
A political donation that is in excess of the donation caps is exempt from the caps if it is paid into an account kept exclusively for federal election campaigns.
Donations to a third-party campaigner not paid into a campaign account
A political donation to a third-party campaigner that is in excess of the donation caps is exempt from the caps if it is not paid into the third-party campaigner’s campaign account.
Caps on political donations 2023–24
Caps on political donations, donation cap exemption amounts, and indirect campaign contribution threshold amounts for the 2023-2024 financial year.
Category | Cap |
|---|---|
Political donation or indirect campaign contribution to: | |
A registered party or group of candidates | $7,600 |
An unregistered party (or party registered for less than 12 months), elected member or candidate | $3,600 |
Political donation cap for an associated entity or third-party campaigner | $3,600 |
Category | Cap |
|---|---|
Exemptions to the political donation caps for political donations made: | |
A candidate for a Legislative Assembly election, can donate to their party up to a certain amount, during the financial year in which the election is held:
| $75,500 |
A candidate for a Legislative Council election, can donate to their party up to a certain amount, during the financial year in which the election is held:
| $59,900 |
A candidate who is a member of a group for a Legislative Council election (who is not a member of a political party), can donate to their group up to a certain amount, during the financial year in which the election is held
| $59,900 |
Caps on political donations for previous financial years
Caps on political donations and indirect campaign contribution thresholds for previous financial years.
Financial year | Registered party or group of candidates | Unregistered party (or party registered for less than 12 months), elected member, or candidate | Third-party campaigner or associated entity |
|---|---|---|---|
2010-11 | $5,000 | $2,000 | $2,000 |
2011-12 | $5,200 | $2,100 | $2,100 |
2012-13 | $5,300 | $2,200 | $2,200 |
2013-14 | $5,500 | $2,300 | $2,300 |
2014-15 | $5,700 | $2,400 | $2,400 |
2015-16 | $5,800 | $2,500 | $2,500 |
2016-17 | $5,900 | $2,600 | $2,600 |
2017-18 | $6,100 | $2,700 | $2,700 |
2018-19 | $6,300 | $2,800 | $2,800 |
2019-20 | $6,400 | $2,900 | $2,900 |
2020-21 | $6,600 | $3,000 | $3,000 |
| 2021-22 | $6,700 | $3,100 | $3,100 |
| 2022-23 | $7,000 | $3,300 | $3,300 |
Notes
Prior to 1 July 2018, the indirect campaign contribution threshold amount was $1,000.
Prior to 1 July 2018, the donation caps did not apply to associated entities.
Prior to 1 July 2016, the donation caps did not apply to local government elections and local government councillors.
Additional caps applied to donations in connection with the 2015 NSW State general election.
Donation cap exemptions for Legislative Council candidates for previous years
| 2019-2020 | 2020-2021 | 2021-2022 | 2022-2023 |
|---|---|---|---|---|
Amount a candidate, who is a member of a group for a Legislative Council election (who is not a member of a political party), can donate to their group during the financial year in which the election is held that is exempt from donation caps | $51,800 | $52,900 | $53,400 | $55,800 |
Amount a candidate for a Legislative Council election can donate to their party during the financial year in which the election is held that is exempt from donation caps | $51,800 | $52,900 | $53,400 | $55,800 |